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General Definition. Promissory notes are defined as securities under the Securities Act. However, notes that have a maturity of nine months or less are not considered securities.
You record a document by sending the original to your county recorder's office along with the requisite recording fee and usually a postage paid envelope to facilitate the return the recorded document to you.
Types of Promissory NotesSimple promissory note.Demand promissory note.Secured promissory note.Unsecured promissory note.
Typically, the promissory note lists the name of the debtor -- the person who owes the debt, the creditor -- the person owns the debt, the amount of the debt and the terms of repayment. If the debtor fails to comply with the terms of repayment, the creditor may seek enforcement of the note.
The Deed is a recorded document memorializing the transfer of property from the Grantor to the Grantee. The Note is an unrecorded paper that binds an individual who has assumed debt through a promise-to-pay instrument.
Enforcing a secured promissory note is simply a matter of either repossessing the secured asset through your own efforts, or hiring a professional agency to accomplish the task on your behalf. These agencies will charge a set fee for their services, but they usually have a very high rate of success.
Loans from banks or other institutional lenders are always made using a number of documents, two of which are a promissory and security agreement. In general, the promissory note is your written promise to repay the loan and a security agreement is used when collateral is given for the loan.
How to Enforce a Promissory NoteTypes of Property that can be used as collateral.Speak to them in person.Draft a Demand / Notice Letter.Write and send a Follow Up Letter.Enlisting a Professional Collection Agency.Filing a petition or complaint in court.Selling the Promissory Note.Final Tips.More items...?
In general, under the federal Securities Acts, promissory notes are defined as securities, but notes with a maturity of 9 months or less are not securities.
What Happens When a Promissory Note Is Not Paid? Promissory notes are legally binding documents. Someone who fails to repay a loan detailed in a promissory note can lose an asset that secures the loan, such as a home, or face other actions.